Patna High Court
Sankar Sah @ Sankar PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted to the petitioner on condition of a Rs.10,000 bond and two sureties.
Summary
The petitioner, Sankar Sah, applied for regular bail in a case involving alleged forgery and cheating offences under Sections 467, 468, 470, 471 and 420 of the Indian Penal Code. The prosecution alleged that the petitioner altered a land mutation document to evade detection by departmental software. The petitioner contended that he is innocent, that the land mutation was legitimately filed, and that he has only one prior criminal antecedent. The State opposed bail, citing the seriousness of the offences. The court noted that the charge‑sheet had already been filed, the petitioner had been in custody since 12‑10‑2025, and there was no likelihood of absconding or tampering with evidence, and therefore ordered bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite charges of forgery and cheating under the IPC
- Whether the petitioner poses a risk of absconding or tampering with evidence
- Whether the filing of a fresh land mutation petition affects the bail application
Legislation cited
- Indian Penal Code — s. 420, 467, 468, 470, 471
Subjects
- bail
- Indian Penal Code
- forgery
- cheating
- land mutation
- criminal procedure
- section 467
- section 468
- section 470
- section 471
- section 420
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.359 of 2026
Arising Out of PS. Case No.-142 Year-2024 Thana- CHHAURADANO District- East
Champaran
======================================================
Sankar Sah @ Sankar Prasad S/o Late Rambilash Sah Resident of vill-
Bhelwa, P.S- Chhaurandano, Distt.- East Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Aditya, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Chhauradano P.S. Case No. 142 of 2024 for the offences
registered under Sections 467, 468, 470, 471, 420 of the I.P.C.
3. As per the prosecution case, earlier on the basis of
the document mutation in the name of the petitioner was
rejected, however, he changed the document number and re-
applied with the new letter to escape detection by the
departmental software.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Mutation of the petitioner’s land on the document was
Patna High Court CR. MISC. No.359 of 2026(3) dt.20-02-2026
2/2
done and is still subsisting. Petitioner re-applied fresh petition
for mutation and there is no illegality in filing fresh mutation
petition. Petitioner is a farmer having one criminal antecedent.
After completion of investigation charge-sheet has already been
submitted. There is no chance of absconding the petitioner or
tampering with the evidence. Petitioner is in custody since
12.10.2025. He undertakes to co-operate in the trial.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, charge-sheet has
already been submitted and also period of custody undergone by
the petitioner, let the petitioner, named above, be enlarged on
bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned J.M. 1st Class, Raxaul at Motihari in connection with
Chhauradano P.S. Case No. 142 of 2024.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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